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(영문) 대전지방법원 천안지원 2016.08.12 2016고단908

도로교통법위반(음주운전)등

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The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 19, 2010, the Defendant issued a summary order of one million won or more as a violation of road traffic law (drinking driving), and on October 14, 2015, a summary order of four million won or more as the same crime in the same court. < Amended by Act No. 1358, Oct. 14, 2015>

1. On April 26, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (DSS7’s driving without obtaining a driver’s license) around 23:55 on April 26, 2016, while under the influence of alcohol content of 0.186% in blood, the Defendant driven a DM7 car at the 1km section from around 1km to B’C’s front road located in the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seoul Special Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving DM7 vehicles.

On April 26, 2016, the Defendant driven the said car under the influence of alcohol content of 0.186% during blood transfusions, and proceeded with the front road in front of the “C” located in Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, with the eculous cosmetics at a eculous speed.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely examining the front side.

Nevertheless, the Defendant neglected this and discovered the FF truck of the victim E (54) driving in the same direction at the front of the place where the Defendant got off the victim E (54) due to the negligence of neglecting it, but failed to avoid it, received the back part of the damaged vehicle as the front part of the Defendant’s vehicle.

As a result, the Defendant caused the victim to suffer injury, such as dump salt, which requires approximately two weeks of medical treatment by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E traffic accidents;